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HomeMy WebLinkAboutOrd 259 Declaring a 120 day moratorium regarding Subdivision PlatsORDINANCE NO. AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, PROVIDING FOR A ONE -HUNDRED TWENTY (120) DAY MORATORIUM FOR THE ACCEPTANCE, PROCESSING OR APPROVAL OF SUBDIVISION PLATS FOR ANY REAL PROPERTY WITHIN THE TOWN OF WESTLAKE, TARRANT AND DENTON COUNTIES, TEXAS; SAID MORATORIUM BEING FOR THE PURPOSE OF STUDYING AND AMENDING SUBDIVISION REGULATIONS APPLICABLE TO SUBDIVISION PLATS; PROVIDING AN EXEMPTION AND APPEAL PROCESS; PROVIDING DEFINITIONS; PROVIDING A SEVERABILITY CLAUSE, AN EFFECTIVE DATE, AND TERMINATION DATE. WHEREAS, the Town of Westlake anticipates that substantial new residential and non- residential development will occur within the Town within the immediately foreseeable future; and WHEREAS, the Town's procedures and standards for approving subdivision plats in the existing Unified Development Code are outdated and hence inadequate to address the public health, safety and welfare concerns occasioned by such growth; and WHEREAS, the Town Planning and Zoning Commission is in the process of reviewing amendments to the Unified Development Code applicable to subdivision plats; and WHEREAS, the Town reasonably anticipates that application may be made for subdivision of land within the foreseeable future and prior to the time that the Town has enacted new regulations governing subdivision plats; and WHEREAS, the Board of Aldermen finds that it is in the Town's best interest to ensure that future development complies with the procedures and standards of the amendments being reviewed in the public workshops and hearings conducted by the Town Planning and Zoning Commission; and WHEREAS, upon full review by the Board of Aldermen of all matters related thereto, the Board is of the opinion that the public interest will be best served by the provision of a one - hundred -twenty (120) day moratorium for the acceptance and or processing of all subdivision plats and related applications. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: Subdivision Moratorium --Page 1 Section L Intent. A. It is the purpose of this ordinance temporarily to limit, except as otherwise provided herein, the processing of subdivision plats in anticipation of adoption of new regulations governing the standards for processing of subdivision plats, in order to promote the public health, safety and general welfare of the citizens of the Town of Westlake. It is not the intent of this ordinance to deny development rights protected by statute or the Constitution. B. It is the further intent of the Town of Westlake to enact new regulations governing subdivision plats in the most expeditious manner, and to consider any appeals on the basis of criteria contained herein. Section H. Definitions. A. "Subdivision Plat" means any non-exempt request for plat approval within the Town of Westlake which is required by Town rule, regulation or ordinance in order to subdivide a tract of land into two or more parcels for purposes of sale, lease or development, including without limitation the following. preliminary plats, final plats, amending plats, and replats. B. "Pending Application" means any subdivision plat which has been accepted for filing prior to the effective date of this ordinance. C. "Related Application" means any application for a variance or site plan submitted in preparation for platting. "Related application" does not include a petition to rezone land or amend existing zoning. Section iII. Limitation on Processing of Applications. A- Except as otherwise provided herein, after the effective date of, and extending for the duration of this ordinance, no Town employee, officer, agent, bureau, department or commission of the Town shall accept for filing any subdivision plat nor take any action to process such application, including but not limited to acceptance of fees, review or evaluation of the applications, scheduling such application for public review or hearing, formulation of conditions or issuance of preliminary or final approvals of such applications, except as hereinafter may be provided for. B. The Town official responsible under Town regulations for reviewing subdivision plats shall first determine whether the application is for a subdivision plat for which no exemption is provided pursuant to this ordinance. In the event that the application is for a subdivision plat for which no exemption is provided pursuant to this ordinance, the official shall take no further action on the application and shall return the application, together with any proffered application fee, to the applicant with notification that the subdivision plat will not be accepted for filing or further processing for the duration of this ordinance. Subdivision Moratorium --Page 2 Section IV. Exemptions. This ordinance shall not apply to the following applications: A. Any application for a subdivision plat or related application that was accepted for filing by the Town prior to the time of passage of this ordinance; B. Any subsequent application for a subdivision plat following approval of an initial subdivision plat for the same land that was accepted for filing by the Town prior to the time of passage of this ordinance; C. Any amending plat for a subdivision existing at the time of the passage of this ordinance; or D. Any subdivision plat initiated by a political subdivision for the platting of land owned by the political subdivision. Section V. Appeals. A. An applicant for a subdivision plat aggrieved by the Town's decision not to accept for filing or to further process such application may appeal for relief to the Board of Aldermen. The appeal shall be in writing and shall be transmitted to the Town Attorney within ten (10) days of the date of notification that the subdivision plat will not be accepted for filing or will not be further processed for the duration of this ordinance. B. The appeal shall be considered by the Board of Aldermen within thirty (30) days of the date the appeal is received by the Town Attorney. The Board of Aldermen shall not release the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the Board of Aldermen can reasonably conclude that the delay in accepting or processing the subdivision plat substantially deprives the applicant of vested property rights protected by state law or constitutional provision. The Board shall also consider whether such potential deprivation outweighs the potential harm to the public health, safety and general welfare resulting from development prior to the adoption of new subdivision regulations. If the applicant makes such showing, the Board of Aldermen may reasonably condition authorization to proceed with the application in order to achieve the following objectives: The suitability of the proposed land uses within the proposed subdivision in light of land uses allowed in the zoning districts on property adjacent to the proposed site; 2. Adequacy of public facilities and services to support the subdivision; Prevention of negative impacts of the proposed subdivision plat on Subdivision Moratorium --Page 3 adjacent neighborhoods and community infrastructure. C. The Board of Aldermen may take the following actions; Deny the appeal, in which case the subdivision plat shall not be accepted or further processed; 2. Grant the appeal, and direct that the Town officials responsible for reviewing the subdivision plat accept the plat for filing or further process the plat; 3. Grant the appeal subject to conditions consistent with the criteria set forth in this section, and direct that the Town official responsible for reviewing the subdivision plat accept the plat for filing or further processing. Section VI. Term of Ordinance. Unless extended by the Board of Aldermen, this ordinance shall continue in effect for a period of one -hundred twenty (120) days from the date of adoption hereof, or until such time as the Town enacts new subdivision regulations, whichever date shall first occur. Section VII. Severability. The terms and provisions of this ordinance shall be deemed to be severable and if the validity of any section, subsection, sentence, clause or phrase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of this ordinance. Section VIII. Effective Date. This ordinance shall become effective immediately from and after its passage. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, this day of ()CJv�e�- 1996. TOWN OF WESTLAKE- Scott Bradley, Mayor Subdivision Moratorium --Page 4 ATTEST: A'CL, rA 20 )\,A --*'- Ginger C ssw,Vy, Town Secre APPROVED AS TO FORM: Paul Tsham, Town Attorney Subdivision Moratorium --Page S